Discuss The Exceptio Non Adimpleti Contract Us With Regard To Its Def

1.	Discuss The Exceptio Non Adimpleti Contract Us With Regard To Its Definition, The Principles Of Reciprocity, How Reciprocity Is To Be Determined, As Well As When The Defence Can Be Raised?
Answer» The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract. It is a remedy aimed at keeping the contract ALIVE. It permits a party to withhold his or her own PERFORMANCE, and to ward off a claim for such performance until such time as the other party has either PERFORMED or tendered proper performance of his or her own OBLIGATIONS under the contract. The exceptio non adimpleti contractus is available when two requirements are met: the two performances must be reciprocal to one ANOTHER the other party must be obliged to perform first, or at least simultaneously with the party raising the exceptio. The exceptio may also be raised where a party has performed incompletely. The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract. It is a remedy aimed at keeping the contract alive. It permits a party to withhold his or her own performance, and to ward off a claim for such performance until such time as the other party has either performed or tendered proper performance of his or her own obligations under the contract. The exceptio non adimpleti contractus is available when two requirements are met:

Discuss The Exceptio Non Adimpleti Contract Us With Regard To Its Definition, The Principles Of Reciprocity, How Reciprocity Is To Be Determined, As Well As When The Defence Can Be Raised?

Answer»

The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract. It is a remedy aimed at keeping the contract ALIVE. It permits a party to withhold his or her own PERFORMANCE, and to ward off a claim for such performance until such time as the other party has either PERFORMED or tendered proper performance of his or her own OBLIGATIONS under the contract.

The exceptio non adimpleti contractus is available when two requirements are met:

the two performances must be reciprocal to one ANOTHER
the other party must be obliged to perform first, or at least simultaneously with the party raising the exceptio. The exceptio may also be raised where a party has performed incompletely.

The exceptio non adimpleti contractus is a defence that can be raised in the case of a reciprocal contract. It is a remedy aimed at keeping the contract alive. It permits a party to withhold his or her own performance, and to ward off a claim for such performance until such time as the other party has either performed or tendered proper performance of his or her own obligations under the contract.

The exceptio non adimpleti contractus is available when two requirements are met:

Discuss The Exceptio Non Adimpleti Contract Us With Regard To Its Definition, The Principles Of Reciprocity, How Reciprocity Is To Be Determined, As Well As When The Defence Can Be Raised?

Discussion

No Comment Found

Related InterviewSolutions

Reply to Comment